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2025 DIGILAW 1076 (KER)

Renjith T, S/O Shri. Thankappan Pillai v. Union of India

2025-04-11

D.K.SINGH

body2025
JUDGMENT : The petitioner is employed as Sub Inspector in Central Industrial Security Force. He is presently posted at Thiruvananthapuram International Airport. Initially he was appointed in CISF as Constable (General Duty) on 16.02.2002. In 2009, the petitioner was promoted to the rank of Sub Inspector/Executive through the Limited Departmental Competitive Examination (LDCE) and he underwent basic training at NISA Hyderabad between 15.06.2009 to 26.01.2010. The petitioner is native of Thiruvanathapuram District in the State of Kerala. The petitioner has remained posted in his home zone for more than 13 long years and only 9 years he has served out of his home zone. The petitioner wants to remain posted in his home zone for all time to come. 2. The petitioner’s present posting at Thiruvanathapuram was on 29.04.2018 where he got the posting from Hyderabad Airport. The petitioner met with an accident on 02.10.2020 while going home on motorcycle at wee hours at 13:45 hours. He was given medical rest from 02.10.2020 to 13.03.2022 (528 days). After the medical rest, when the petitioner joined back on 14.03.2022, he was sent to the Standing Medical Board (SMB) for the latest SHAPE categorization at Composite Hospital, CRPF Pallippuram, Trivandrum. The Medical Board placed him in S1H1A1P3(T- 24) E1 medical category and therefore, the petitioner was assigned light duties. 3. The petitioner was thereafter declared as P2(P) w.e.f 01.05.2023 for 2 years by Medical Board of Composite Hospital, CRPF, Pallipuram, Trivandrum and he was advised against PT and Parade, prolong standing restricted, light duties, not fit for insurgency duty, fit for all ambulatory duties along with walkie and he was advised Physiotherapy. 4. As the petitioner had completed 6 years at CISF Unit, Trivandrum Airport after he was transferred there on 29.04.2018, he was transferred to Bengaluru vide the order dated 28.06.2024. The said order has been challenged before this court in the present writ petition ad the petitioner was fortunate enough to get an interim order from this Court and on the strength of the said interim order, the petitioner has continued at his present place of posting for almost one year further and now he has completed more than 7 years after he was transferred from Hyderabad to this place vide the order dated 29.04.2018. 5. 5. It is relevant to note here that the petitioner submitted an application 03.07.2024 against his transfer order dated 28.06.2024 with the request to cancel his posting at Bengaluru. However, the said request was regretted. 6. Now in exercise of annual transfer, the petitioner has been transferred vide Exhibit P-15 dated 03.01.2025 and he is awaiting posting. The petitioner therefore prays for setting aside the Ext.P15 order on the ground that his transfer is against the guidelines in Ext.P12 issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training. The petitioner should be allowed to continue till he retires at his home district at Trivandrum. 7. On the other hand, the learned DSGI (in charge) has submitted that CISF is the Central Armed Force of the Union of India. The force personnel are deployed in the sensitive sector such as Airports, Courts, Atomic Energy, Department of the Space, metro, power, steel etc. The CISF also provides officials and personnels for certain posts as SPG, NSG, CAPF and CPO in view of the border security requirements. As per the provisions contained in Section-15 of CISF Act, 1968 , every member of the Force shall be considered to be always on duty and shall at any time be liable to be employed at any place within or outside India. 8. To maintain and make a system on place so that there is a mix of personnel belonging to Home Sector and Out of Home Sector in a unit, the broad guidelines have been issued by the CISF Head Quarter vide the circular No.22 of 2017 dated 25.09.2017 regarding transfer and tenure posting of CISF personnel with the objective of the security consideration, availability of vacancies, new inductions, administrative and operational needs and public interest. Para- 39 (xx) of the said circular provides “Notwithstanding the guidelines contained in this circular, any personnel may be posted to anywhere at any stage by the competent authority without assigning any reason and these guidelines shall not come in the way of such transfer/posting.” 9. Para- 39 (xx) of the said circular provides “Notwithstanding the guidelines contained in this circular, any personnel may be posted to anywhere at any stage by the competent authority without assigning any reason and these guidelines shall not come in the way of such transfer/posting.” 9. The Ministry of Social Justice and Empowerment, New Delhi issued a notification dated 10.09.2022 with regard to the applicability of Section 33 and 47 of the Persons with Disability Act, 1995 applicable to the Central Para Military Forces wherein it is provided that the combatant personnel employed in the Central Para Military Forces which includes CISF are exempted from the applicability of the provisions of Section 33 and 47 of the Persons with Disability Act, 1995. 10. This notification therefore, relied on by the petitioner which has been issued by the DOPT would not be applicable to the personnel working in the combat forces of the Central Government. The petitioner has already been assigned light duties. It is for the CISF Authorities to assign work and post him at an appropriate place. However, the petitioner does not have any statutory or constitutional right to remain posted for all time to come at Trivandrum which is his home district. The petitioner is in part of the Central Para Military Force i.e. the CISF and under the CISF Act and the rules made thereunder, the petitioner can be posted at any place where there is requirement of his posting . Thus, I do not find that the petitioner has any right to remain posted at Trivandrum, which is his home district where he has already served for almost 7 years. In view of the above, I do not find the petitioner has any statutory or constitutional claim for his posting at Trivandrum. Thus, the writ petition is dismissed. However, the CISF authorities must assign him the duties considering his disability which should be suitable to his physical conditions.